Negligence occurs when duty of care has been breached and harm to either person or property ensues. It is the legal and ethical obligation of any worker, supervisor or organisation to ensure that people accessing services are not exposed to unnecessary or unreasonable risk.

The rights of people to dignity and choice, upheld in legislation and service standards, also require that duty of care or safety is not used as a reason to limit a person’s freedom or personal choice. A worker’s adherence to duty of care and safety must be coupled with the concept of dignity of risk, which means that a person has the right to make their own choices and take risks.